No win no fee defined - What it means for you

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No win no fee defined – What it means for you

No Win No fee Defined – What it means for your legal fees

This is a phrase you probably hear about all the time. In personal injury law, it was intended to give you, a member of the general public a fighting chance when it comes to dealing with big business like insurance companies for example. It simply means that unless you succeed in your injury case you will not pay any money to your solicitor for their services.

No win-no fee – operated by solicitors

No win-no fee is a legal function operated by solicitors to even out the playing field. For example, if a major error was made by somebody or some entity which resulted in long term injuries or illness for someone else, that person will be able to get legal representation. In cases where the person does not have the financial means to go to court, the no win, no fee function allows them to do exactly that. This means that ultimately justice will be done – no matter what the financial capabilities are of the person who suffered.

Solicitors Advertising Regulations

The regulations forbid the inclusion of any words or phrases which suggest that legal services relating to a compensation claim will be provided on a no win no fee basis as such prohibition is in line with the statutory ban on advertisements which encourage or induce claims for damages for personal injuries. It should be noted that there is no prohibition on solicitors in Ireland undertaking work on a no win no fee basis, and solicitors are perfectly entitled to offer their services on a no win no fee basis, and indeed many solicitors’ firms operate on a no foal, no fee basis. The restriction on solicitors is merely on the content of their advertisements.

The general right of solicitors to advertise is severely curtailed when it comes to advertising for personal injuries claims. The Solicitors (Advertising) Regulations, 2002 (S.I. No. 518 of 2002) introduced a ban on advertisements which refer to claims or possible claims for damages for personal injuries, the outcome of such claims or the provision of services by solicitors in conjunction with such claims. The regulations prohibit advertisements which “solicit, encourage or offer any inducement” to make such claims. The regulations specify that the advertisement may include, amongst other things, “factual information on the legal services and areas of law to which the services relate”. The regulations specify that the words “personal injuries” may be included in such factual information in a “list of services”.

What about the outcome of my claim?

If your claim is successful, then the costs for which you will become liable will be outlined to you in detail. If you are enquiring about the idea of ‘no win, no fee’, then you may be trying to establish if you have a case. You can read more on Personal Injury FAQs and Do I have a Case

Put simply, if your claim is unsuccessful then we will charge no fees. However we must bring to your attention that if your claim is dismissed by a court, the Judge may Order that the Defendant’s costs be paid by you. In practice very few cases get as far as a Court Hearing. The vast majority are settled without going to court or on the morning of the Court Hearing.

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Disclaimer

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with regulation 8 of the S.I. 518 of 2002.